Construction Vehicles and Mobile Plant

Construction vehicles and mobile plant are used on most construction sites. If used correctly by trained, competent persons they are useful tools that assist with production without harming persons. Why then do we have so many accidents in the construction industry related to construction vehicles and mobile plant?

Lets have a look at a couple of steps that must be followed to ensure compliance with legal requirements and to ensure the safety of persons working on site:

Construction Regulation 21 - Construction Vehicles and Mobile Plant

* "Competent" person appointed in writing to Operate Construction Vehicles or Mobile Plant

* "Competent" person appointed in writing to Inspect Construction Vehicles or Mobile Plant

* All Vehicles and Plant on register and inspected at correct intervals

* All relevant Load Certificates available on site

* Valid Operators Training Certificate available

* Medical Certificates of Fitness of all Operators available on site

"Competent Person" - means a person having the knowledge, training, experience and qualifications specific to the work or task being performed.

 

test post 19h00

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Managing the Movement of Traffic

This article was written by Brain Darlington and was also published in the National Safety First Magazine. We thank him for allowing us the make use of the article and share it with you.

How often do we receive a notification of an incident at one or other company during which an employee, contractor or even at times a visitor has been injured due to an incident on site involving mobile plant, equipment or vehicles?
It is common to find that during the investigation following such incidents, the focus of the investigation teams is on the actual incident and very seldom concentrates on the bigger picture.
In order to ensure good management of mobile plant, equipment and vehicles on site, companies should develop a comprehensive traffic management plan after conducting an in depth risk assessment.

Traffic Management Plan

Although companies tend to have a number of standards addressing various
elements of traffic management, it is probably a good idea to consolidate this
information into a single "Traffic Management Plan" which is readily available
for reference by all relevant persons. A traffic management plan should
consist of a number of elements which include the following three main
categories:

1. Safe Premises.
2. Safe Mobile Plant and Equipment.
3. Safe Drivers/Operators.

Safe Premises
In order to provide a safe site with regard to mobile plant and equipment as
well as controlling vehicle traffic on site, organisations should have systems in
place which provide for the following:
1. Safe pedestrian routes for employees and contractors.
2. Safe pedestrian routes for visitors.
3. Clearly demarcated roadways for vehicles on site.
4. Clearly demarcated leading and off-loading areas.
5. Clearly demarcated “No go areasâ€
6. Procedures for loading and securing of loads.
7. Segregation of mobile plant, vehicles and persons.

Safe Mobile Plant and Equipment
The second element of a good traffic management plan is to ensure that the
equipment used is suitable for the job and is capable of handling the loads and
products. Schedules and standards should be developed and implemented to
manage the inspections, tests and maintenance of all mobile plant and
equipment owned by the company.

Safe Drivers

It is the company's duty to ensure that all persons who are required to operate
mobile plant and equipment are capable, competent and medically fit to operate
the specific type of equipment. The following issues are to be included in
ensuring this:

1. Competence
All drivers and operators must have the necessary skills to operate the
equipment and therefore should have successfully passed a relevant
training course. It is advisable that even though the training is
successfully completed, regular on-site evaluations by the supervisors
should be conducted.

2. Medically Fit
All drivers and operators should be required to attend regular medical
examinations to ensure that they are medically fit to operate the
equipment. Any person found to be unfit should be placed on alternative
duties.

3. Licensing and Authorization
All drivers and operators should be in possession of a licence card at all times. This licence card could be issued by the training / licensing institutions, or it could be an internal licence issued by the company.

4. Substance Abuse
A substance abuse programme should be implemented which includes random testing of persons entering or exiting the premises. Drivers and operators involved in incidents should be required to undergo a substance abuse test.

In conclusion, we as managers and safety professionals have a moral duty to provide a safe working environment for all persons entering our operations. After all, incidents involving mobile plant and equipment as well as vehicles may end in a disability or even have fatal consequences. So let's do our best to ensure our operations have a traffic management plan in place, which will prevent the probability of the incidents occurring.

 

Testing: 17:07

 

testing 18:34

 

gee guys, testy today, are we?

 

construction vehicles definition

One of the main problems relating to construction vehicle is the lack of recognition of what a construction vehicle is. People need to read the definition and then decide if they have construction vehicles on site.

I am sure most will agree that a "bakkie" used to transport workers and material should be defines a construction vehicle.

I would like to hear any other comments as we have the same problem in the Western Cape.

 

Hi Deon,

Welcome to the Forum. Very good point you make, lets see what responce you get.

Please keep in mind that the forum has just started and we are still inviting people to partisipate. Please spread the word there in Cape Town for us!

 

Definition of Construction vehicle

"Construction vehicle" means a vehicle used for means of conveyance for transporting persons or material or both such persons and material, as the case may be, both on and off the construction site for the purposes of performing construction work;

Therefore it's clear that even a "1400 Nissan bakkie" used for construction work is definited as a construction vehicle.

 

Certificate of Competance

I would like to know for how long is a certificate of competence valid for (Construction Vehicles) Graders, rollers and bull dozer's ect. If we look at lifting equipment the certificate of competence is valid for a period of 2 years by ref to the OSH act. This is not so for the construction regulation. Can some one please help me in this respect. I need documentation in writing.

 

Hi Gary,

This is a very interesting question and thank you for it. I managed to speak to someone in the civil/earthwork industry how use these vehicles, and he had the following to say. Please note that I will research this more, but I hope this will help in the meantime.

Graders and Bull Dozers operators recieve training in house and a roller operator need a trekker license.

The construction regulation 21 says the following on training:

1) A contractor shall ensure that all construction vehicles and mobile plants -

(a) are of an acceptable design and construction;

(b) are maintained in a good working order;

(c) are used in accordance with their design and the intention for which they where designed, having due regard to safety and health;

(d) are operated by workers who -

(i) have received appropriate training and been certified competent and been authorised to operate such machinery; and

(ii) are physically and psychologically fit to operate such construction vehicles and mobile plant by being in possession of a medical certificate of fitness;

This said your training that is done in house will explain the process of training including how long the certificate is valid and when refreshing training will need to undergo again. Remember that you apply best practices so it will be correct to issue these certificates of competence for two years.

Hope this helps.

 

Hi Gary,

I managed to speak to a service provider in the Durban regarding your concern.

Here is what he had to say:

As a Contractor you need to be registered with CCETA( Construction Education Training Authority) which have unit standards for a Plant Operator.

Please consult these standards and follow the best practice where possible. He did mention that the qualification does not say when a plant operator needs to be retrained again, but its a company standard and/or a client required in terms of the H&S specifications when it come to mobile plant operators.

I hope this helps.

 

Why do the Training Providers put expiry dates on their certificates for plant if there is no law to stand by this. If an operator has been found competent to operate a machine and receives a certificate of competence for two years, which law says he/she must renew this certificate in two years and if this two years is ignored, what can happen to the operator and the company. This can play a major roll in our company. I need this information urgently, because this can change our company police and procedures. HOW LONG WILL IT BE BEFORE I HAVE A ANSWER. I SENT THIS TO YOU ON THE 11TH NOVEMBER 2010 IT IS VERY URGENT THAT I GET THIS TODAY IF POSSIBLE

 

Good day,

In the industry a norm exists where Construction Vehicle/Plant Operators are required to have a competency certificate issued by 'an approved authority'.

I dispute that.

Any contractor can assess his operators and issue them with a letter or certificate of 'competence' with a company letterhead.

Why do I say this?

Let's look at legislation and some definitions:

Construction Regulations 21(1)

21.(1) A contractor shall ensure that all construction vehicles and mobile plants
(d) are operated by workers who-
(i) have received appropriate training and been certified competent and been
authorised to operate such machinery;

Definitions:

“competent person†in relation to construction work, means any person having the knowledge, training and experience specific to the work or task being performed: Provided that where appropriate qualifications and training are registered in terms of the provisions of the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995), these qualifications and training shall be deemed to be the required qualifications and training;


First of all, let's look at the differences and specific wording of legislation: "...have received appropriate training and been certified competent ..." Nowhere does this indicate that a specific course is required, or that a specific authority must issue the certification. 'Have received' and 'appropriate' is very vague and open for discussion. So is 'certified competent' again not indicating by a specific authority. If legislation read: 'a competent person to operate...', then and only then will the definition be applicable.

Furthermore we can look at normal vehicle licensing and apply the same principles here. A drivers license is a proof of assessment, not of training. One can receive your driver license without the help of a driver license training company or driving school.

From all this I came to the opinion that operator competency certificates can be issued within a company as proof of assessment without paying a 'service provider' to come and assess your operators.

The South African Legal system is based on the Common law principles which means that 'the normal man on the street'-rule and guideline applies. When someone is appointed as a plant operator operating a R2mil Excavator, to one in their right mind will appoint an incompetent person and will have an internal policy and procedure to assess the person's ability and competence.

As a last point, the two year 'expiry date' on certificates is the biggest rubbish ever. Medicals need to be done annually, but as for competency assessment there is NO legal guideline or requirement. I can use normal driver license here as an example as well.


I would appreciate any comment.


Thank You

 

Gary,

There is NO legal standing for putting an expirey date on ANY certificate except for First Aider and normal anual medical certificate of fitness.

It is a scam. Read my post #15

11. Assessment Occurrence

Assessment in the Construction Education and Training Authority:


11.1 can be conducted under simulated conditions, either at the venue of the provider (institutional training centre), or on a workplace area where temporary simulated projects are erected and;

11.2 More realistic assessment can be conducted on the job on a work place. Such assessment could however be limited to the activities, which are prevalent on a specific site at a specific time.


In both the above –mentioned cases an effort should be made to ensure that the assessment covers the integration of knowledge and skills as far as possible.



12. Re-assessment of the Learner


Learners should be given every reasonable opportunity to achievement and demonstrate competence. Providers must have a clear policy and procedures relating to re-assessment.

(No time frame or window)

 

Hi Jaco,

You make some interesting comments and observations.

As with all pieces of legislation there will always be a difference in opinion or interpretation and it is only when a court ruling has been made that one will really know what the intent of the legislator was.

As for the “industry norm†that operators are required to have a competency certificate issued by an approved authority: I as an OHS Professional would certainly recommend to the contractor to do this, why? The contractor will find it very difficult to prove competency (beyond all reasonable doubt) if he/she is facing prosecution after a TLB has killed a worker of which the operator was only declared competent by the ‘bossâ€.

It goes without say that if appropriate SAQA approved training exists for a vehicle or plant e.g. Tower Crane Operator, then that will be the absolute minimum training to be provided and it is not negotiable.

I also think that it was the intention of the legislator, when writing the definition of competency with specific reference to “ appropriate training†, that it was not only meant to be training in terms of SAQA but all suitable training that are available, why do I say this? The requirements of Act and its Regulations are the minimum requirements.

Having said that we, Master Builders Association KwaZulu Natal have requested for a legal opinion on this.

 

Neil,

Thank you, I am also awaiting feedback from our legal executive on this.

The 'reasonable man on the street' won't let anyone operate his expensive earthworks equipment unless he found the man competent through an interview, background check and observation on site. That is why I argue that a contractor can certify his own operators competent.

Back on the issue of an 'expiry date' on the certificates: we recently send employees on a scaffold inspector’s course. When we asked the service provider about the expiry date, they explained that apparently it is a requirement of the Mine Health and Safety Act. I couldn't argue on that as I am not familiar with that specific Act, but I could bring it under his attention that we are a CONSTRUCTION company and we have nothing to do with any mining activities or even construction on mine property. He apologized and they removed the expiry date from our certificates. How unethical is that????? If I haven't said anything, they would have left it there and then we would have had to pay R25 000 every two years!!! They were well aware that we are owner-builders with no connection to the mining industry, but they took a chance to further business.

 

"That is why I argue that a contractor can certify his own operators competent"

I cannot agree with you on this one Jaco. As Neil mentioned above, proving competency in a court of law is going to be extremely difficult especially if it involves plant such as TLB's, Tower Cranes, Tele-Porters etc. These are all specialist motorised equipment and I can assure you that the prosecutor would rule that it was not reasonable practicable for the contractor to have declared his own operators competent. I would strongly advice to not recommend this practice to your clients.

The above must however not be confused with general plant and equipment such as Wackers, Flouters, Bo-Mags etc. where normally you can get the supplier to train and certify the operators competent to operate the equipment.

 

Okay Neels, if we then come to a conclusion that a contractor can't certify his own employees competent. What are the criteria and procedure to get into a position where one would have the necessary accreditation to do this?

Improvon will definitely consider sending a safety officer for the necessary training and accreditation in order to save money. We run 4 contracts with about 17 sub-contractors and 1000 employees on site at one stage. If we can do this competency certification ourselves, we'll save a lot of money.


Then I'm not even talking about Fourie OHS that handles 4 clients on 9 sites (all earthworks)